통신비밀보호법 개정안 비판

Abstract

Legal reform is a procedure that revises the problems in law itself and adopts new demand of law. Unfortunately, Revised Bill of Communication Privacy Act proposed recently has been covering up these resent factors while not able to manage the confusion about Communications Privacy Act and considered to have missed on examination of the facts properly. Consequently, this wrong revised bill could result not only in a direct infringement on fundamental rights but also in the denial of constitutional principles. So in many aspects, it needs to be fixed newly based on profound discussion. The purpose of this article is to invest these problems of the bill and chronic possibility of violation of constitution in operative law in order to reveal vice of the law which is trying to function as the National Security Law in field of communication. The most important fact is that it should be considered accuracy of constitutional law as the primary factor since in case of Communications Privacy Act, it is based on limiting individual rights. Communications Privacy Act has the true meaning when it has consideration for new technology. Therefore it needs continual revision and correction according to advancement of technology including precision for avoiding violation of fundamental rights. If proper consideration is not made, there is a possibility to disregard the constitutional fundamental rights under the name of convenience of criminal investigation.